R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 34-3-1 (2026)

Tenancy in common presumed in conveyances

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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All gifts, feoffments, grants, conveyances, devises or legacies, of real or personal estate, which shall be made to two (2) or more persons, whether they be husband and wife or otherwise, shall be deemed to create a tenancy in common and not a joint tenancy, unless it be declared that the tenancy is to be joint, or that the conveyance is to those persons and the survivors or survivor of them, or to them as trustees or executors, or unless the intention manifestly appears that the persons shall take as joint tenants and not as tenants in common.

Notes of Decisions
Cited in 5 cases, 1961–2017 · leading case: Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017).
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Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017). · cites it 2× “60 § 74 (2010); R.I. Gen. Laws § 34-3-1 (2011); S.D. Codified Laws § 43-2-12 (2004 & Supp.”
In Re Tetreault, 11 A.3d 635 (R.I. 2011). · cites it 2× “1(b) specifies that an “ ‘owner of a home’ includes a sole owner, joint tenant, tenant by the entirety or tenant in common.”
Robinson v. Delfino, 710 A.2d 154 (R.I. 1998). · cites it 3× “431, now G.L.1956 § 34-3-1, 10 apparently misconstrued the statute’s intent and purpose, which was to permit the creation of a joint tenancy ownership in personal property including a bank deposit if set up as a joint account with right of survivorship.”
Lancellotti v. Lancellotti, 377 A.2d 1315 (R.I. 1977). “1956 (1969 Reenactment) §34-3-1 provides in its pertinent parts that any conveyance, gift, or *195 grant of real or personal property to two or more persons shall be deemed to create a tenancy in common and not a joint tenancy “unless the intention manifestly appears that such…”
Prince v. Nugent, 172 A.2d 743 (R.I. 1961). “1956, §34-3-1, wherein it was provided that a deed to two or more grantees is deemed to create a tenancy in common unless a contrary intention manifestly appears.”
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